HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35200 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Saurabh Kesarwani, learned counsel for the applicant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record. No one appeared on behalf of the first informant despite service of notice. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 82 of 2026, under Sections 70(2), 137(2) BNS and Section 5G/6 of P.O.C.S.O. Act, Police Station Barla, District Aligarh, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR allegation has been made that the applicant had enticed away the daughter of the first informant in the presence of the first informant; subsequently, the victim was recovered and she, in her statement, stated that the applicant along with the co-accused, after administering sedative, kidnapped her and thereafter forcibly tried to marry her and also committed rape. It is further submitted that there are serious contradictions regarding the version mentioned in the statements of the victim recorded under Sections 180 and 183 BNSS and the victim has refused to undergo medical examination. It is further submitted that the first informant in her supplementary statement stated that she could not reply to the question as to why she mentioned that the applicant had enticed away her daughter in her presence. This creates doubt over the entire prosecution story. It is further submitted that the victim and the applicant were in a relationship and the victim left her house on her own free will and thereafter she returned back and, after the knowledge of this fact, the applicant has been falsely implicated in the present case. It is lastly submitted that no obscene video, as mentioned in the statement of the victim recorded under Section 183 BNSS, has been recovered by the police. This further creates doubt over the entire prosecution story. Versus Counsel for Applicant(s) : Darshan Gupta, Pranjal Chaudhari, Saurabh Kesarwani Counsel for Opposite Party(s) : G.A. Israr .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law- abiding citizen and he is languishing in jail since 23.06.2026. In case he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and contradictions in the statements of the victim as well as the supplementary statement of the first informant and taking into account the fact that the victim has refused to undergo medical examination and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgment of the Apex Court in the case of Kapil Wadhawan vs. Central Bureau of Investigation, reported in 2025 SCC OnLine SC 3038, as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P., 2024 SCC OnLine All 6765, regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 7. Let the applicant- Israr, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 35200 of 2026 2 cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Aligarh via e-mail or on e-prison portal and Trial Court via e- mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan@Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 14. Application, if any, stands disposed of. (Arun Kumar Singh Deshwal,J.) October 1, 2026 SA BAIL No. 35200 of 2026 3 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad